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Arrest of parents outside permitted officers to enter to check on their child who would be left alone for the night

By John Wesley Hall, Jr.

Officer had authority to make a community caretaking entry into the defendant's home because of child inside who was left alone after his parents were arrested outside [how convenient]. United States v. Johnson, 2008 U.S. Dist. LEXIS 80945 (E.D. Cal. August 20, 2008)*: Here, Officer Gonzales was confronted with a hazardous and uninhabitable dwelling occupied by a 14 year old, both of whose parents had been placed under arrest and were being transported to jail. Due to deplorable living conditions and the risk to the health of the child, the Officer had to call Child Protective Services. The Officers' normal practice is to review the residence to determine whether it is habitable, and whether or not, if an appropriate guardian is available, the child can be maintained in the residence or has to be placed in foster care...continue to full post

Full post as published by Fourth Amendment on October 15, 2008 (boomark / email).